See Fair Work Act ss.375A and 604
For information about lodging an appeal, stay orders, appeals directions and the appeals process please refer to the Appeal proceedings practice note.
A person who is aggrieved by a decision made by the Fair Work Commission (other than a decision of a Full Bench or Expert Panel) may appeal the decision to the Full Bench with the permission of the Commission.
A decision of the Commission includes any decision of the Commission, however described.
However, a ‘decision of the Commission’ does not include the outcome of a process carried out:
- by mediation or conciliation, or
- by making a recommendation or expressing an opinion.
The mere conduct of a conciliation conference does not constitute the making of a decision which can be subject to an appeal.
A person who is aggrieved by a decision made by the Full Bench or a Judicial Member such as the President may apply to the Federal Court for a judicial review.